Serviced Apartments for Tenants in Germany
Many tenants in Germany consider whether a serviced apartment is practical and legally secure for a shared flat (WG) in the long term. This guide explains in clear steps which rights and obligations tenants have, how to check the lease, which forms and deadlines are important, and how to respond to defects or termination. It is aimed at WG residents who want to formalize their living situation without legal background. You will receive concrete action steps, notes about local courts and relevant sections of the BGB, as well as examples of official forms. The goal is for tenants to decide informed, reduce risks and check their rights in Germany if conflicts arise.
What is a serviced apartment for WGs?
A serviced apartment offers furnished living with additional services such as cleaning or internet, often for fixed-term or long-term rental. For WG tenants it is important whether a contract is structured as a main lease, sublease or commercial rental, because different rights and obligations follow under tenancy law (BGB)[1].
What tenants should check in the contract
Before signing, clearly check duration, termination periods, operating cost rules, who is liable for damages and whether subletting is allowed. Watch out for automatic renewals and additional services that are billed separately.
- Check the lease (notice): term, termination periods and main or sublease status.
- Clarify payments (rent): rent, operating costs, deposit and payment method.
- Repair rules (repair): who fixes damage and within which deadline?
- Documentation (evidence): record handover condition with photos and meter readings.
Defects, rent reduction and how to react
If defects occur, report them in writing to the landlord and set a reasonable deadline for remediation. For significant impairments a rent reduction may be possible; the rules of the BGB and common practice before local courts apply[1]. If the landlord does not respond, document everything and prepare for possible court action.
Termination, eviction and court proceedings
In conflicts, the local court (Amtsgericht) is competent for tenancy disputes, such as eviction claims or payment claims. Procedural rules are in the Code of Civil Procedure (ZPO)[2]. Terminations must meet form and deadline requirements; if the contract type is unclear, check whether termination periods comply with the BGB.
Forms and official templates
Useful official forms (e.g. sample termination or defect notification) can be found on central government portals; use templates only as guidance and adapt wording to your case[3].
FAQ
- Can a WG sublet a serviced apartment?
- It depends on the lease; without the landlord's permission subletting may be inadmissible and may lead to termination.
- Who is liable for damages in a serviced apartment?
- In principle the tenant is liable unless the damage was caused by the landlord or third parties; check liability clauses in the contract.
- When is a rent reduction possible?
- For significant impairments of habitability; the amount depends on severity and is often disputed in court.
How-To
- Read and highlight the lease (notice) for term, termination and operating costs.
- Document the living condition (evidence) with photos at move-in and for defects.
- Contact the landlord in writing and set a deadline (call) for remedy.
- If there is no response, prepare documents for the local court (court) and consider legal advice.
Help and Support / Resources
- Local Amtsgericht (court): contact your local civil chamber for tenancy disputes.
- Gesetze im Internet (BGB & ZPO): official texts and sections.
- Federal service portal (forms): official forms and services.
